TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods (“Goods”) listed on our website www.cloudsmemoryfoam.com (“our site”) to you.
1. INFORMATION ABOUT US
1.1. www.cloudsmemoryfoam.com is a site operated by Camelton Limited, 225 Spyros Kyprianou Avenue, Strovolos,Nicosia : 2047
For customer service, please use contact@cloudsmemoryfoam.com - we endeavour to reply to all emails within 48 hours from receipt.
2. CANCELLATION RIGHTS
2.1.If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund (including one-way delivery costs) of the price paid for the Goods. You will be liable for any collection charges for the items. Either the product can be arranged to be collected by Clouds at a charge to you (which varies according to the product weight and size, as well as location the product is being sent from), or you may send it back to us through your own means. Please note that once the seven day period has expired you will not be entitled to a refund unless the product is faulty (please see secton 6 below).
2.2. To cancel a Contract, you must inform us by writing, either by email or by written letter within seven working days, beginning on the day after you received the Goods.
2.3. You must make the Goods available to us for collection (Within 30 days of cancellation of the contract) and during this time keep the Goods in the same condition in which you received them. You have a legal obligation to take reasonable care of the Goods while they are in your possession
2.4. You will not have any right to cancel a Contract for the supply of any Goods that were made to your explicit specifications or which have been clearly personalised for your use.
2.5 More information on your cancellation rights as a consumer can be found in the Distance Selling Regulations which can be found here: http://www.legislation.gov.uk/uksi/2000/2334/contents/made
2.6 Unwanted items should be returned to:
James Fryer, Returns Clouds Memory Foam, 8 Medway Rd, London E3 5BY
2.7 Should you wish to cancel your order by letter rather than refund, please send written correspondence to:
Clouds Memory Foam
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3. PRICE AND PAYMENT
3.1. These prices include VAT but exclude delivery costs, which will be added to the total amount due during checkout.
3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
3.3. Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price is lower than our stated price, we will charge the lower amount when dispatching the Goods to you. If a correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
3.4. We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
3.5. Payment for all Goods must be by PayPal or by a credit or debit card. We accept payment with Master Card, Maestro, Solo, Switch, Visa Credit & Debit cards. Your credit or debit card will be charged at the time the order is made. Please note we do not store your credit card information in any way on our site/server. All payment information is processed by a third party provider, giving added security to your details.
4. DELIVERY
4.1. Unless otherwise agreed in writing by You and Us, the delivery of the Goods will take place at the address you have specified in the order.
4.2 Provided that we deliver the Goods to the address you have specified in the order (or any other address agreed by us in writing) then the Goods will be deemed to have been delivered and we will not be liable to you for non-delivery of the Goods. We do not have to satisfy ourselves that the person who accepts delivery at the address you have provided is you (or is a person authorised by you to accept delivery of the Goods).
4.3. Goods delivered by us or by a third party contracted to undertake delivery on our behalf are delivered only to the inside of your doorstep. If you request that Goods are taken anywhere else then we or any third party contractor shall not be liable for any damage to fixtures, fittings or the structure of your accommodation (e.g. plasterwork, brickwork) that may occur. Such an action is undertaken solely on your individual responsibility.
4.4. Different products have different delivery costs, this will be calculated during check out.
4.5. If you make an error on your order, please contact us by email as soon as possible to correct the error. If delivery is attempted by a courier to an incorrect address that you supplied, then unfortunately you will have to pay for a re-delivery to the correct address, as the courier company charges us.
4.6. If the courier attempts to deliver the item to you and you are not available to receive the delivery, the company will leave at your residence a note and attempt a second delivery of the item, following which it will be a held at a local depot for your collection.
If the item is not collected by you and is then returned to us, we incur a cost from the courier and so you will have to pay for re-delivery of the item.
We will always attempt to notify you by email of an impending delivery, as well as providing you with a tracking link for the product on the day of dispatch. We cannot guarantee the delivery of the email to your inbox.
5. COLLECTION
5.1. If the Goods have been delivered by us but you have changed your mind, we will have to pass on to you the cost of collecting the Goods.
5.2. Collection of products will be based on the cost price quoted to us by our couriers plus a £5 administration charge for the time taken by our staff to arrange collection. You are under no obligation to use our suggested courier for returning your product (eg if you are offered a cheaper collection option by a 3rd party courier).
Please note that all couriers charge us additional costs for one-off collections. Also please note that once a memory foam mattress has been opened and expanded, it weighs more and takes up more volume, which means the courier charges will also be significantly more expensive than when vacuum packed and rolled.
5.3 If we deliver a faulty or incorrect product, we will incur all the costs of collection and re-delivery.
6. OUR REFUND & EXCHANGE POLICY
6.1. If you are asking for a refund because you have cancelled the Contract within the seven-day cooling-off period, you will be refunded for the product plus the out-bound delivery charge. Refunds and exchanges will not be possible even during this spell if the product has been damaged while in your care.
6.2. If you are entitled to a refund following cancellation, we will send you a confirmation via e-mail (following collection of the item) and will process the refund within 30 days of receiving your refund request. We will refund the price of the Goods in full but you will be liable for all delivery and collection charges.
6.3.If you believe a manufacturing fault has occurred with the product, you need to return the product to us at your cost. If it is deemed a genuine fault has occurred, we will refund you for the product and the return delivery cost up to the value of £20 for the return delivery cost.
6.4. If the Goods are defective, we will refund you for the Goods and delivery charge. Alternatively, we will replace the Goods at no cost to you. We will not charge you for collection or re-delivery.
6.5 If you inform us after the 7 day cooling off period, your product may still be eligible under the terms of our product guarantee. The guarantee offered by Clouds Memory Foam is a manufacturer's guarantee covering products that may have a manufacturing fault. Products with expected manufacturing faults can be returned to our warehouse (see address in section 2.6 above) and will be passed to the manufacturer for an inspection. If there is deemed to be a manufactring fault with the product, we will send out a replacement product and refund the cost of the return.
7. OUR LIABILITY
7.1. Our liability for losses you suffer is strictly limited to the purchase price of the Goods.
7.2. We shall not be liable for a breach of warranty unless:
a) we were given reasonable opportunity after receiving your notice of defect to examine the Goods in question and you (if asked by us to do so) shall make the Goods available for collection by us at our cost for the examination to take place at our business address.
We shall not be liable for a breach of warranty:
b) if you make any further use of such Goods after giving notice of the defect to us
c) if the defect arises as a result of fair wear and tear, wilful damage, negligence, misuse or your failure to follow our oral or written instructions as to the storage, assembly or use of the Goods
d) You alter or repair the Goods without our prior written consent.
8. WRITTEN COMMUNICATIONS
8.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing
9. EVENTS OUTSIDE OUR CONTROL
9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
9.2. A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control.
9.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
10.1. We have the right to revise and amend these terms and conditions from time to time.
10.2. You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you)
11. PRIVACY AND SECURITY POLICY
11.1. If you wish to make an online purchase from us, then you will be required to provide certain personal information as a necessary prerequisite of being able to place an order.
11.2. Your information will be kept secure and in accordance with the requirements of the Data Protection Act 1998. You may contact us at any time for access to your information in order to ensure that the information is correct and up to date.
11.3. From time to time, we may use your correspondence information for direct marketing purposes linked solely and which we believe are of a legitimate interest to you as our customers. You are free to opt out of direct marketing at any time by providing written notice of your request to contact@cloudsmemoryfoam.com or by clicking the "unsubscribe" link in the footer of every email we send to you.
12. LAW AND JURISDICTION
12.1. Contracts for the purchase of Goods through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.